Forklift accidents can lead to prolonged hospital stays, long recoveries, temporary or permanent injuries, and days away from work. Medical costs can become astronomical. And being
unable to work for the duration of your treatment or being forced to have a reduced work capacity after recovery only compounds the issues.
You shouldn’t have to worry about paying your bills and providing for your loved ones while you’re trying to get better. Our Mesa forklift accident attorneys at Zanes Law can help you recover the compensation you need so that you can focus on getting better and not worry about providing for your loved ones.
Establishing Negligence and Liability in a Mesa Forklift Accident Case
According to the U.S. Bureau of Labor Statistics (BLS), an average of 87 people lose their lives, while more than 7,000 workers suffer from serious injuries caused by forklift accidents every year. Because of the size of the machine and its peculiar build, injuries sustained in forklift accidents can be quite dangerous.
If you were injured in a forklift accident at the workplace, you’d have to file a workers’ compensation claim. The key to a successful forklift-related personal injury claim is proving negligence and establishing fault.
In this case, you may be able to pursue compensation from your company’s stipulated workers’ comp insurance, as well as any liable third parties. But to do that, your forklift accident lawyer in Mesa would need to ensure that these factors were present:
- Duty of care: This means that the forklift driver was mandated to carefully and safely operate the heavy equipment. Also, the company was required to hire experienced forklift drivers, ensure that they get adequate training, and have safety protocols in place.
- Breach of duty: Either the forklift operator or the company failed to ensure that the standard of care was implemented. In this case, the forklift driver either acted with carelessness or negligence while driving the machine or the company hired inexperienced drivers, provided little or no training for powered industrial trucks, or didn’t implement safety measures that would have prevented the accident.
- Causation: There’s proof that the forklift operator’s carelessness caused your accident, or the company’s negligence somehow led to your accident.
- Damages: The forklift accident caused by the negligent driver or careless organization caused you serious injuries, and led to medical expenses or losses.
Please note that forklift accident claims in Mesa may also involve third-party entities who may have indirectly contributed to the accident. Talk to an experienced forklift accident lawyer about the possibility of suing more than one entity or filing multiple compensation claims against them.
For a free legal consultation with a forklift accidents lawyer serving Mesa, call 866-499-8989
Compensation a Mesa Forklift Accident Lawyer Can Help Recover
How much you can recover as compensation in a Mesa forklift accident claim largely depends on the following:
- Loss of wages
- Lower earning ability brought on by the injuries sustained in the accident
- Cost of medical treatment and all associated expenses, including rehabilitative therapy and other medical costs in the future
- Temporary or permanent disability
- Pain and suffering
- Mental anguish and distress
- Scarring and disfigurement
- Lower quality of life
If you lost a loved one to injuries sustained in a forklift accident, you’ll need to file a wrongful death suit to recover additional damages for:
- Loss of inheritance
- Funeral costs
- Loss of companionship
- Loss of consortium and society
Your claim may include any other damages that your lawyer sees fit to pursue on your behalf. These are some of the damages that our experienced personal injury lawyers can pursue on your behalf.
Mesa Forklift Accident Lawyer Near Me 866-499-8989
How Much Money Can You Get in a Forklift Accident Case?
Forklift accident settlements can very based on several variables, including:
- The circumstances surrounding your case
- Where you were injured (for example, at work, a shopping mall, or a construction site)
- The extent of your injuries
- Your employer and their insurance provider
- Liable third parties and their role in the accident
- Your personal injury lawyer’s doggedness and dedication to helping you get maximum compensation
Ultimately, where you’ll file your compensation claim will be determined by where the accident happened. A Mesa forklift accident attorney can help guide you on the right legal path.
Workers’ Compensation vs. Premises Liability
If your accident happened while you were at work in Mesa, you’ll need to file your claim with the Industrial Commission of Arizona (ICA). This also means that you cannot file a suit in civil court. The ICA compensation claims process is designed to make the process of compensation easy and straightforward.
The only downside to this is that the money you’ll get may not be as much as you’d like. If that occurs, you’ll need to discuss your next steps with an experienced workers’ compensation attorney in Mesa who is experienced in forklift accident claims.
However, if your accident occurred at a shopping mall, for instance, it would be considered a premises liability case. You could get significantly higher compensation because retailers or commercial enterprises typically carry large insurance coverage.
As a result, it’s not unusual for victims injured in forklift accidents on these properties to receive anywhere from $150,000 to $1 million+ in compensation.
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Can You File a Third-Party Liability Claim in a Mesa Forklift Accident Case?
Yes, you can file third-party liability claims in a forklift accident that occurred in Mesa, AZ. But, you need to have a solid understanding of how things work before you go seeking compensation from third parties.
To file a third-party liability claim, you have to make sure that your forklift accident and subsequent injuries were caused by someone other than a work colleague or your employer. This can be another organization’s employee or subcontractor, a pedestrian or bystander, or a lax maintenance servicing company.
Third-party liability claims in a forklift accident are often slightly more complicated and require the legal expertise of seasoned attorneys. It’s better to discuss the case with your lawyer and get solid legal advice before taking any step.
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What an Experienced Mesa Forklift Accident Attorney Can Do for You
If you’re wondering what our seasoned forklift accident lawyers in Mesa, AZ, can do for you, here goes:
- Evidence gathering and investigations: This includes the police reports, witness testimonies, CCTV, photographs, and other video evidence. Strong evidence is often crucial to the success of your case. Without it, you could lose the case, have your claim denied, or get a mere pittance in compensation.
- Communication and correspondence with insurance adjusters and companies: Insurance adjusters have just one goal: to pay you as little as possible. We’ll work to ensure that you get the max amount of money available to you.
- Settlement negotiations: The first offer is usually a lot less than an insurance company can pay you. Our lawyers will negotiate with the insurance company to get you a fair and adequate compensation amount.
- Legal representation if the case goes to court: Although most forklift accidents are settled out of court, our experienced attorneys are ready to do battle in court to make sure you get what’s yours.
Contact a Forklift Accident Lawyer Today
With our Mesa forklift accident attorneys in your corner, you’ll increase your chances of getting adequate compensation and recovering all possible damages. This also means that we’ll work hard to ensure your claim is filed within the mandatory two-year statute of limitations.
Contact Zanes Law Injury Lawyers today for a free case evaluation or call our toll-free office line for a free consultation.
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